KHETRA MOHAN TRIPATHY & ANOTHER Vs. BASUDEV ACHARYA

JUDGEMENT

(1.) This petition challenges the order dated 7.1.2017 passed by the learned Civil Judge (Junior Division), Jagatsinghpur in Title Suit No.435 of 2001 whereby and whereunder the learned trial court stayed the further proceeding of the suit till disposal of RRP Case No.5585 of 2001 pending before the Consolidation Officer-cum-Addl. Sub-Collector, Jagatsinghpur.

(2.) Heard Mr. Pattnaik, learned counsel for the petitioners and Mrs. Jena, learned counsel for the opposite party.

(3.) Mr. Pattnaik, learned counsel for the petitioners, submits that the petitioners as plaintiffs instituted Title Suit No.435 of 2001 in the court of learned Civil Judge (Junior Division), Jagatsinghpur for permanent injunction impleading the opposite party as defendant. The counter claim filed by the defendant has been rejected. Being unsuccessful, the defendant filed an application under Section 151 CPC before the learned trial court to stay further proceeding of the suit till disposal of RRP Case No.5585 of 2001 pending before the Consolidation Officer-cum-Addl. Sub-Collector, Jagatsinghpur. He further submits that the revision petition filed before the Consolidation Officer is not maintainable.